Law No. 15,371/26 marks a milestone in the protection of parenthood in Brazil. The new legislation expands paternity leave, introduces the paternity benefit (salário‑paternidade), and promotes a more balanced distribution of family responsibilities, encouraging fathers’ participation in early childcare.

Law No. 15,371/26 will enter into force on January 1, 2027.

From a labor law perspective, among other provisions, the statute introduces the following changes:

  • GRADUAL EXTENSION OF PATERNITY LEAVE

Paternity leave will no longer be limited to five days and will instead be expanded under a gradual implementation schedule, as follows:

  • 10 days beginning in 2027;
  • 15 days in 2028; and
  • 20 days in 2029.

Paternity leave will be granted to employees upon the birth of a child, adoption, or the award of judicial custody for purposes of adoption of a child or adolescent.

In cases involving the birth or adoption of a child or adolescent with a disability, the duration of the leave will be increased by one third (1/3).

  • PATERNITY BENEFIT (SALÁRIO‑PATERNIDADE)

For employees covered by the social security system, the paternity benefit will correspond to a monthly income equal to the employee’s full remuneration, calculated on a pro rata basis according to the duration of the benefit.

The employer will make payment of the paternity benefit directly to the employee, with subsequent reimbursement by the Social Security system, pursuant to the terms of the law.

  • TEMPORARY EMPLOYMENT GUARATANTEE

Law No. 15,371/26 also establishes temporary job protection, prohibiting dismissal without just cause from the start of the paternity leave until one month after its end.

  • VACATION LEAVE

The employee is entitled to take vacation leave immediately following the end of paternity leave, provided that the employee expresses this intention at least 30 (thirty) days in advance of the expected date of birth or the issuance of the judicial custody order.

  • PRACTICAL IMPACTS AND LABOR COMPLIANCE CONSIDERATIONS

The new law requires companies to pay closer attention to their internal processes, particularly with respect to leave tracking, prior communications, payroll procedures, and human resources policies. Paternity leave now has direct implications for workforce management.

Law No. 15,371/26 not only expands employee rights, but also redefines the legal treatment of fatherhood in the workplace. Companies must adapt to this new legal framework, strengthening labor compliance in a scenario of enhanced protection for workers and families.